Elderly Landlord Not Excused from Clearing Debris

DOS issued a violation to landlord for having a dirty area in front of her building. Landlord claimed that she was 81 years old and had physical ailments. On the day in question, the weather was brutally cold and windy, and the fence of her front yard trapped wind-blown debris. Landlord said that she tried to clean in front of her building once or twice a day, weather permitting. The ALJ ruled against landlord and fined her $100. Landlord appealed and lost. Landlord's building was located in a neighborhood near two schools, with heavy pedestrian and automobile traffic. Landlord was required to make reasonable efforts to keep the area in front of the building clean. Landlord didn't testify specifically enough about how often she cleaned or whether she maintained a regular and adequate cleaning schedule. Landlord's age and ailments didn't excuse her from her responsibility to clean the area.

Papoutsakis: ECB App. No. 46267 (12/6/07) [2-pg. doc.]